Texas 2023 - 88th Regular

Texas Senate Bill SB1513 Compare Versions

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1	1	By: Schwertner, Kolkhorst S.B. No. 1513
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain requirements in connection with the acquisition
7	7	of real property for public use by an entity with eminent domain
8	8	authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 402.031, Government Code, is amended by
11	11	amending Subsection (c) and adding Subsection (c-2) to read as
12	12	follows:
13	13	(c) The statement must include:
14	14	(1) the title, "Landowner's Bill of Rights"; and
15	15	(2) a description of:
16	16	(A) the condemnation procedure provided by
17	17	Chapter 21, Property Code;
18	18	(B) the condemning entity's obligations to the
19	19	property owner, including the responsibility for any damages
20	20	arising from an examination or survey of the property; [and]
21	21	(C) the property owner's options during a
22	22	condemnation, including the property owner's right to:
23	23	(i) refuse to grant permission to the
24	24	condemning entity to enter the property and conduct an examination
25	25	or survey of the property;
26	26	(ii) negotiate the terms of the examination
27	27	or survey of the property; and
28	28	(iii) object to and appeal an amount of
29	29	damages awarded; and
30	30	(D) the condemning entity's right to sue for a
31	31	court order authorizing the examination or survey if the property
32	32	owner refuses to grant permission for the examination or survey.
33	33	(c-2) The statement must disclose that a condemning entity,
34	34	other than an entity acquiring property as authorized under
35	35	Subchapter D, Chapter 203, Transportation Code, that makes an
36	36	initial offer under Section 21.0113, Property Code, that includes
37	37	real property that the entity does not seek to acquire by
38	38	condemnation shall in the initial offer:
39	39	(1) separately identify the real property that the
40	40	entity does not seek to acquire by condemnation; and
41	41	(2) make an offer for the real property that the entity
42	42	does not seek to acquire by condemnation separate from the offer
43	43	made for the real property sought to be acquired by condemnation.
44	44	SECTION 2. Subchapter B, Chapter 21, Property Code, is
45	45	amended by adding Section 21.01101 to read as follows:
46	46	Sec. 21.01101. SURVEY PERMISSION FORM. If an entity with
47	47	eminent domain authority provides a form to an owner of real
48	48	property requesting the owner's permission to enter the property to
49	49	examine the property or conduct a survey of the property in
50	50	connection with the potential acquisition of the property for a
51	51	public use, the form must conspicuously state that:
52	52	(1) the owner has a right to refuse to grant permission
53	53	to the entity to enter the property and conduct the examination or
54	54	survey;
55	55	(2) the entity has a right to sue for a court order
56	56	authorizing the entity to enter the property and conduct the
57	57	examination or survey if the owner refuses to grant the permission;
58	58	(3) the owner has a right to negotiate the terms of the
59	59	examination or survey of the property; and
60	60	(4) the entity has the responsibility for any damages
61	61	arising from an examination or survey of the property.
62	62	SECTION 3. Section 21.0112(a), Property Code, is amended to
63	63	read as follows:
64	64	(a) At the time [Not later than the seventh day before the
65	65	date] a governmental or private entity with eminent domain
66	66	authority makes an initial [a final] offer to a property owner to
67	67	acquire real property, the entity must send by first-class mail or
68	68	otherwise provide a landowner's bill of rights statement provided
69	69	by Section 402.031, Government Code, to the last known address of
70	70	the person in whose name the property is listed on the most recent
71	71	tax roll of any appropriate taxing unit authorized by law to levy
72	72	property taxes against the property. In addition to the other
73	73	requirements of this subsection, an entity with eminent domain
74	74	authority shall provide a copy of the landowner's bill of rights
75	75	statement to a landowner before or at the same time as the entity
76	76	first represents in any manner to the landowner that the entity
77	77	possesses eminent domain authority.
78	78	SECTION 4. Section 21.0113(b), Property Code, is amended to
79	79	read as follows:
80	80	(b) An entity with eminent domain authority has made a bona
81	81	fide offer if:
82	82	(1) an initial offer is made in writing to a property
83	83	owner that includes:
84	84	(A) a copy of the landowner's bill of rights
85	85	statement prescribed by Section 402.031, Government Code, provided
86	86	in accordance with Section 21.0112 and including the addendum
87	87	prescribed by Section 402.031(c-1), Government Code, if
88	88	applicable;
89	89	(B) a statement, in bold print and a larger font
90	90	than the other portions of the offer, indicating whether the
91	91	compensation being offered includes:
92	92	(i) damages to the remainder, if any, of the
93	93	property owner's remaining property; or
94	94	(ii) an appraisal of the property,
95	95	including damages to the remainder, if any, prepared by a certified
96	96	appraiser certified to practice as a certified general appraiser
97	97	under Chapter 1103, Occupations Code;
98	98	(C) an instrument of conveyance, provided that if
99	99	the entity is a private entity as defined by Section 21.0114(a), the
100	100	instrument must comply with Section 21.0114, as applicable, unless:
101	101	(i) the entity has previously provided an
102	102	instrument complying with Section 21.0114;
103	103	(ii) the property owner desires to use an
104	104	instrument different than one complying with Section 21.0114 and
105	105	consents in writing to use a different instrument; or
106	106	(iii) the property owner provided the
107	107	entity with the instrument prior to the issuance of the initial
108	108	offer; and
109	109	(D) the name and telephone number of a
110	110	representative of the entity who is:
111	111	(i) an employee of the entity;
112	112	(ii) an employee of an affiliate providing
113	113	services on behalf of the entity;
114	114	(iii) a legal representative of the entity;
115	115	or
116	116	(iv) if the entity does not have employees,
117	117	an individual designated to represent the day-to-day operations of
118	118	the entity;
119	119	(2) a final offer is made in writing to the property
120	120	owner;
121	121	(3) the final offer is made on or after the 30th day
122	122	after the date on which the entity makes a written initial offer to
123	123	the property owner;
124	124	(4) before making a final offer, the entity obtains a
125	125	written appraisal from a certified appraiser of the value of the
126	126	property being acquired and the damages, if any, to any of the
127	127	property owner's remaining property;
128	128	(5) the final offer is equal to or greater than the
129	129	amount of the written appraisal obtained by the entity;
130	130	(6) the following items are included with the final
131	131	offer or have been previously provided to the owner by the entity:
132	132	(A) a copy of the written appraisal; and
133	133	(B) a copy of the deed, easement, or other
134	134	instrument conveying the property sought to be acquired; and
135	135	[(C) the landowner's bill of rights statement
136	136	prescribed by Section 21.0112; and]
137	137	(7) the entity provides the property owner with at
138	138	least 14 days to respond to the final offer and the property owner
139	139	does not agree to the terms of the final offer within that period.
140	140	SECTION 5. Subchapter B, Chapter 21, Property Code, is
141	141	amended by adding Section 21.0115 to read as follows:
142	142	Sec. 21.0115. OFFER TO ACQUIRE ADDITIONAL PROPERTY;
143	143	EXCEPTION. (a) Except as provided by Subsection (b), a condemning
144	144	entity that makes an initial offer under Section 21.0113 that
145	145	includes real property that the entity does not seek to acquire by
146	146	condemnation shall in the initial offer:
147	147	(1) separately identify the real property that the
148	148	entity does not seek to acquire by condemnation; and
149	149	(2) make an offer for the real property that the entity
150	150	does not seek to acquire by condemnation separate from the offer
151	151	made for the real property sought to be acquired by condemnation.
152	152	(b) Subsection (a) does not apply to an acquisition of real
153	153	property under Subchapter D, Chapter 203, Transportation Code.
154	154	SECTION 6. The office of the attorney general shall make the
155	155	landowner's bill of rights statement required by Section 402.031,
156	156	Government Code, as amended by this Act, available on the attorney
157	157	general's Internet website not later than January 1, 2024.
158	158	SECTION 7. The changes in law made by this Act to Sections
159	159	21.0112 and 21.0113, Property Code, apply only to the acquisition
160	160	of real property in connection with an initial offer made under
161	161	Section 21.0113, Property Code, on or after the effective date of
162	162	this Act. The acquisition of real property in connection with an
163	163	initial offer made under Section 21.0113, Property Code, before the
164	164	effective date of this Act is governed by the law as it existed
165	165	immediately before the effective date of this Act, and that law is
166	166	continued in effect for that purpose.
167	167	SECTION 8. This Act takes effect January 1, 2024.